Back / lumbar spine decisions — 2023

The Board has remanded the Veteran's claim for an evaluation in excess of 10 percent for lumbosacral strain with multilevel degenerative disc disease prior to June 17, 2019 and from June 17, 2019 on. The issues are now pending before the Board.

The appellant withdrew his appeal regarding the effective date for service connection of lumbothoracic strain, wedge compression fracture of the thoracic spine, lumbar spondylosis, and degenerative disc disease.

The Veteran's PTSD with TBI was granted an initial rating of 70 percent prior to September 4, 2020. A separate 10 percent rating for TBI residuals was also granted. The Veteran's PTSD with TBI is now rated as higher than 50 percent after September 4, 2020. Other issues related to service connection were remanded.

The Board has decided to remand the Veteran's claim for a rating in excess of 10 percent for thoracolumbar strain (back disability) due to inadequate examination and failure to consider functional loss during flare-ups.

The Veteran's low back disability is rated at 40 percent effective April 14, 2022. Bilateral lower extremity radiculopathy is also rated at 20 percent effective April 14, 2022.

The Board has remanded the Veteran's claims for service connection for a bilateral ankle disability, an upper back disability, and a neck disability due to inadequate examination reports. The Veteran is already service connected for radiculopathy related to degenerative arthritis of the lumbar spine, but he contends that his current disabilities are secondary or aggravated by this condition.

The Board has remanded the cases due to additional VA treatment records being associated with the claims file after a previous SSOC was issued.

The Board has found deficiencies in the March 2014 VRC assessment and is remanding for a new evaluation to determine if a vocational goal, including sedentary work, is feasible despite the Veteran's serious employment handicap.

The Board has determined that additional examinations and opinions are needed to determine the current severity of the Veteran's lumbar spine disability, ulcerative colitis, and neurological conditions. The claims for increased ratings and service connection will be remanded.

The Veteran's service-connected disabilities, including PTSD, degenerative disc disease of the lumbar spine, and other foot conditions, have rendered him unable to secure or follow substantially gainful employment since October 20, 2006. The Board has granted a TDIU effective from that date.

The Board has remanded the issues of service connection for various ankle and knee disabilities, as well as skin cancer and low back disability due to outstanding medical records and further examination.

The Board has remanded the case for additional development, including obtaining VR&E records and copies of the VA examiner's qualifications. The issues on appeal are service connection for Multiple Sclerosis and TDIU.

The Veteran's claim for service connection for degenerative changes of the lumbar and thoracic spine, to include as associated with a left knee disability, is remanded due to new evidence submitted since the last denial. The issues of whether this condition was incurred in or aggravated by service are also remanded.

The Board has granted the Veteran's requests to reopen his claims for service connection for erectile dysfunction, residuals of a right shoulder injury, left ankle condition, and right hip condition. The request to reopen his claim for PTSD was denied.

The Veteran's service-connected disabilities do not prevent him from securing or following a substantially gainful occupation.

The Veteran's service-connected back disability has been granted a 40 percent rating effective March 14, 2022. The Board found that the evidence supported this rating based on the Veteran's reported symptoms and functional impairment.

The Veteran's low back condition and right knee osteoarthritis are now granted as secondary to her service-connected bilateral pes planus with bilateral hallux abductovalgus with bunion.,The Veteran's hypertension and diabetes mellitus, type II, are also granted as secondary to her service-connected bilateral pes planus with bilateral hallux abductovalgus with bunion.

The Board has decided to remand the case due to insufficient evidence regarding whether the Veteran's service-connected left tibia stress fracture caused or aggravated his lower back strain.

The Board denied earlier effective dates for various benefits related to the Veteran's service-connected lumbar spine disability, left and right lower extremity radiculopathy, and TDIU. The appeal was dismissed as there were no new or material evidence submitted within one year of the September 2007 rating decision.

The Board has granted service connection for the Veteran's low back disability, left knee disability, and right knee disability as these conditions are at least as likely as not related to active service.